Triple Damages Ordered Where Tenant Overcharged Subtenant

December 1, 2006

LVT Number: 19303

Subtenant complained of a rent overcharge by rent-stabilized tenant. The DRA ruled for subtenant and ordered a refund of $5,800, including triple damages. Tenant appealed and lost. Tenant argued that there was no willful overcharge. Tenant claimed that subtenant knew the rent was more than the rent-stabilized rent and that she rented the apartment furnished. The DHCR said tenant charged subtenant $1,750 per month for four months. The legal rent, including a 10 percent surcharge for furnishings, was $1,260. When tenant overcharges subtenant, triple damages are mandatory.

Subtenant complained of a rent overcharge by rent-stabilized tenant. The DRA ruled for subtenant and ordered a refund of $5,800, including triple damages. Tenant appealed and lost. Tenant argued that there was no willful overcharge. Tenant claimed that subtenant knew the rent was more than the rent-stabilized rent and that she rented the apartment furnished. The DHCR said tenant charged subtenant $1,750 per month for four months. The legal rent, including a 10 percent surcharge for furnishings, was $1,260. When tenant overcharges subtenant, triple damages are mandatory. It doesn't matter whether the overcharge was willful.

Frieb: DHCR Adm. Rev. Docket No. UI210023RO (10/18/06) [2-pg. doc.]

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